010090713 May 16, 26
NOTICE OF TRUSTEES’ SALE
By virtue of that certain deed of trust dated August 21, 2003, made by Douglas A. Brady and Cathy L. Brady, to W. T. Weber, Jr., and W. T. Weber, III, Trustees, which said deed of trust is of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book No. 1237, at page 253, and by which said deed of trust there was conveyed to W. T. Weber, Jr. and W. T. Weber, III, Trustees, all of the following tracts or parcels of real estate, together with the improvements thereon and appurtenances thereunto belonging, more particularly described in said deed of trust as follows:
"…all of those certain tract(s) or parcel(s) of real estate, together with the improvements thereon and the appurtenances thereunto belonging, located and situate in the City of Westover, Grant District, Monongalia County, West Virginia, and more particularly described as follows:
"First Parcel: Beginning at an Iron Pin in the southern right-of-way limit of Dunkard Avenue. Said Iron Pin being a common corner to Lot 22 and Lot 23 in Block 19 of Riverside Addition. Thence, North 60°07’05" West 82.41 feet, following the common line between Dunkard Avenue and Lots 21 & 22 of Riverside Addition Block 19 to a Point. Said Point being a common corner to Lot 20 and Lot 21 of Block 19. Thence, North 72°49’35" West 60.01 feet, following the common line between Dunkard Avenue and Lot 20 & the eastern half of Lot 19 of Riverside Addition Block 19 to an Iron Pin. Thence, South 16°00′ West 123.83 feet, leaving Dunkard Avenue and following the dividing line through Lot 19 to an Iron Pin in the northern limit of an alley. Thence, South 74°00′ East 140.00 feet, following the common line between the alley and the eastern half of Lot 19 & Lots 20 through 22 to an Iron Pin. Said Iron Pin being a common corner to Lot 22 and Lot 23 of Riverside Addition Block 19. Thence, North 16°00′ East 102.83 feet, leaving the alley and following the common line between Lot 22 and Lot 23 to the place of beginning and containing 16,410.10 square feet or 0.377 acres as surveyed by George E. Pigott WV PE No. 5013, LLS 1405, said plat or survey dated July 28, 2000, and attached hereto as Exhibit A, and incorporated by reference.
"This conveyance is subject to an easement or right-of-way over the eastern half of Lot 19 described above, in favor of the property and premises adjoining on the western half of said Lot 19, not herein conveyed, for the purpose of entering the western and remaining half of Lot 19, reserved unto the Grantor herein, her heirs, successors, assigns and tenants."
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“Second Parcel: Beginning at a point located in the Southern line of Dunkard Avenue 75.66 feet from the Eastern corner of Dunkard Avenue and Pittsburgh Street; thence leaving said beginning point, S. 36 degrees 07′ W. a distance of 39.74 feet to an iron pin; thence S. 59 degrees 53′ W. a distance of 6.48 feet to a tack in a lead plug in a concrete walk between two houses; thence S. 35 degrees 36′ W. a distance of 7.29 feet to a lead plug located in a concrete step; thence continuing S. 35 degrees 36′ W. a distance of 1.41 feet to a tack driven into a wooden step the second tread up; thence leaving said wooden steps, N. 58 degrees 58′ W. a distance of 3.16 feet to a tack in a lead plug located in a concrete pad; thence S. 35 degrees 35′ W. a distance of 5.62 feet to an iron pin; thence N. 53 degrees 55′ W. a distance of 2.30 feet to an iron pin driven into a concrete pad; thence S. 33 degrees 08′ W. a distance of 15.48 feet to an iron pin in the Northern boundary line of a 15-foot alley; thence with the Northern line of said alley, S. 68 degrees 24′ E. a distance of 27.23 feet to a point in the Northern line of said alley thence leaving said alley and in a Northern direction a distance of 69.1 feet, more or less, to a point in the Southern line of Dunkard Avenue; thence with the Southern line of Dunkard Avenue, N. 54 degrees 32′ W. a distance of 18.46 feet to the point and place of beginning.
"The Grantor further conveys unto the said Grantees, as appurtenant to said real estate, an easement for an encroachment of the eaves and gutters of the dwelling located on the parcel above conveyed and which said encroachment is in the remaining part of Lot No. 25 upon which is located the residence now or formerly belonging to Earl M. Walden and Jeannette Walden, and likewise the property herein conveyed is subject to an easement for the encroachment of the eaves and gutters of the residence located upon Lot No. 26, which said eaves and gutters encroach upon the parcel of real estate hereinabove described and conveyed."
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"Third Parcel: Beginning at an point located in the southern line of Dunkard Avenue 75.66 feet from the eastern corner of Dunkard Avenue and Pittsburgh Street; thence leaving said beginning point S. 36° 07′ W. a distance of 39.74 feet to an iron pin; thence S. 59° 53′ W. a distance of 6.48 feet to a tack in a lead plug in a concrete walk between two houses; thence S. 35° 36′ W. a distance of 7.29 feet to a lead plug located in a concrete step; thence continuing S. 35° 36′ W. a distance of 1.41 feet to a tack driven into a wooden step the second tread up; thence leaving said wooden steps N. 58° 58′ W. a distance of 3.16 feet to a tack in a lead plug located in a concrete pad; thence s. 35° 35′ W. a distance of 5.62 feet to an iron pin; thence N. 53° 55′ W. a distance of 2.30 feet to an iron pin driven into a concrete pad; thence S. 33° 08′ W. a distance of 15.48 feet to an iron pin in the northern boundary line of a 15 foot alley; thence with the northern line of said alley, N. 68° 24′ W. a distance of 100.67 feet to a point, being the southern corners of Lots Nos. 22 and 23; thence with the line of Lot No. 22, N. 21° 36′ E. a distance of 102.8 feet to a point in the southern line of Dunkard Avenue; thence with the southern line of Dunkard Avenue, S. 54° 32′ E. a distance of 130.34 feet to the point and place of beginning, being all of Lots Nos. 23 and 24 and parts of Lots Nos. 25 and 26 of Block No. 19 of Riverside Subdivision in the said Third Ward of the City of Westover.
"The Grantor herein further grants and conveys to the Grantees an easement for the encroachment of the eaves and gutters of the residence located and upon said Lot No. 25, which said eaves and gutters encroach upon the parcel of real estate formerly belonging to Alec F. Swiderski, as more particularly set forth in that certain inter partes Deed between Earl M. Walden and Jeannette Walden, his wife, and Alec F. Swiderski and Eleanor Swiderski, his wife, said Deed being dated August 11, 1970, of record in the aforementioned Clerk’ s Office in Deed Book No. 700, at Page 573.
"There is further granted and conveyed that certain triangular parcel of real estate fronting 6.74 feet on the southern side of Dunkard Avenue and adjoining the western line of the property conveyed to Alec F. Swiderski et ux by the aforesaid inter partes Deed and extending back therefrom along the Swiderski line S. 36° 07′ W. 26 feet, more or less, to a point in said line as set forth and shown on a plat of survey prepare by H & B Surveying Technicians & Associates, Inc. dated August 8, 1970, and of record in the aforesaid Clerk’ s Office in Deed Book No. 700, at Page 577."
Douglas A. Brady was seized and possessed of the real property hereinbefore described at the time of his death intestate, resident in Monongalia County, West Virginia, on or about December 1, 2014, the title to which was cast by the law of descent upon Cathy L. Brady, his widow, and was conveyed by him as aforesaid in trust to secure the Citizens Bank of Weston, Inc., in the payment of that certain note recited and described in said deed of trust, and all amendments, replacements or renewals thereof, and which said note, and/or renewals and/or replacements thereof, being long since due and payable, and default having been made in the payment thereof, the undersigned Trustees, having been requested so to do, will, on the 31st day of May, 2016 at 11:00 a.m. at the front door of the Courthouse of Monongalia County, in the City of Morgantown, West Virginia, sell to the highest and best bidder, for cash in hand on day of sale, the hereinbefore described real estate. The deed which will be delivered by said Trustees at the time of sale will be made subject to such exceptions, reservations, limitations, conditions, rights of way, easements and other servitudes, if any, contained in the chain of title to the real estate aforesaid and subject to all unpaid ad valorem taxes.
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W. T. WEBER, JR., Trustee
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W. T. WEBER, III, Trustee